SANDEEP K.SHINDE
Jagannath More – Appellant
Versus
Ramesh Mahadu Bhagvat – Respondent
JUDGMENT
Sandeep K Shinde, J. - Rule.
2. Rule made returnable forthwith. Heard. finally with the consent of the parties.
3. Petitioners-Landlords are decree holders. Their Civil Miscellaneous Application No.184 / 2018, seeking for corrections in the decree was rejected on 12th July, 2019 by learned District Judge - I, Nashik. Against this order, Petition under Article 227 of the Constitution of India is preferred.
4. Briefly stated Petitioners' case is;
Petitioners-Landlords sought decree to recover possession of the suit property ad-measuring 5 x 3 square meters, of house no. 434 at Nashik, for their bonafide and reasonable need. Landlords alleged the tenant/ respondent, encroached upon and erected permanent structure, beyond the area of suit property. Thus alleged tenant was found occupying area ad- measuring 33.45 square meters of house no. 434, as against the 15 square meters. The bonafide need of the Landlords was upheld by the trial and Appellate Court. Civil Revision Application preferred by the tenant was dismissed. The Special Leave Petition (SLP) was also dismissed.
5. The Courts below rendered a finding, the property let out to the tenant was ad-measuring 20 x 20 square feet
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